Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
The Laird of Chesters v. Ker of Lintoun
Date: 16 July 1670
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In this action an apprising being quarrelled as null, on this reason, that it was deduced on an heritable security bearing requisition, and that no requisition was made: to this it was Answered, That they offered to prove required.
Replied, Their requisition cannot be respected, because past from, in so far as he took annualrent for terms after the requisition, which made the security (made moveable by the requisition) return again to its own nature.
Duplied, The taking of annualrent made not the sum heritable again, because the contract bearing an obligement on the debtor for payment of annualrent to the creditor as well not infeft as infeft, any annualrent he took after the requisition, it was by virtue of the personal obligement; and he does not ascribe it to his infeftment. 2do, He has homologated the apprising in so far as he has accepted or received discharges of the rents of the land relative to this apprising.
